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Car Accidents And The Things You Need To Know
No one ever expects be injured in a car accident but if it happens to you, there are things you need to know.
What Do I Need To Know If I’ve Been Seriously Injured In A Car Accident?
First of all you need to know that you have insurance coverage. Even if you're a pedestrian or cyclist. Even if you don't have your own car. Even if someone has told you that you're at fault for the accident, you have insurance coverage available to help in your recovery.
It might not always be clear where that insurance coverage will come from, and it's important to speak with the personal injury lawyer soon after your accident so you can find out what your rights are, what benefits are available and get some guidance through the process.
When I meet with someone for the first time, I know that insurance issues are not the priority. I understand that has to be their health or the recovery of their loved one. But there are important things that you need to know early on, and I can help with that.
What Claims Am I Entitled To After A Car Accident?
There are two main claims that you should be aware of if you have been injured in a car accident.
The first are accident benefits claims. Those are always available to you if you've been injured in a car accident. Whether you're at fault for the accident or not, you have entitlement to a variety of coverages.
Some of the categories are medical and rehabilitation coverage, income replacement, attendant care and housekeeping. You're not always entitled to all those coverages, but it's important to contact somebody who can help you work out what coverage is available to you.
The other kind of claim that you might have is the right to bring an action against somebody who's at fault for the accident.
It's not always clear whether you have the right to do that. It might depend on the kind of injuries you have or whether someone is in fact at fault for the accident. It's important to contact a personal injury lawyer to find out if you have a right to bring that claim.
The personal injury lawyer can investigate, advise you of your rights and then help you proceed with that claim.
What Does Catastrophic Impairment Mean?
The word catastrophic is used to describe the kind of injury that qualifies for a higher level of benefits under the accident benefits coverage. I know it's a word that's alarming to most people, but for us it has a specific meaning. It is used to determine whether you are entitled to a higher level of coverage.
It's really important because the difference in coverage is dramatic. You're entitled to $50,000 of medical coverage if you're not catastrophic, and a million if you do meet that criteria. It might not always be obvious whether you've sustained a catastrophic impairment.
I've seen cases where the insurer denies the application, even when in my opinion it's obvious that somebody meets the criteria. In those cases, it's important that you contact a personal injury lawyer; somebody who can give you an opinion as to whether you might qualify for catastrophic impairment who can help guide you through the process and fight the insurer when they deny you.
What Do I Do With All These Forms?
There are a lot of forms to fill out at the beginning of an accident benefits claim. It's important that they're filled out properly because how you do that can affect your entitlement to benefits for many years to come.
A personal injury lawyer can help you with those forms. They can take the burden away from you so that you can focus on what's important, and that's your recovery.
I Don’t Want To Sue Anyone. Do I Really Need A Lawyer?
There are many reasons that people don't want to sue someone. In most cases it's because a family member or friend is at fault for the accident, but I've heard from other people that it's because they feel like bringing a lawsuit may conflict with their fate.
It's important to know that you're the one who gets to make the choice about whether to proceed with a lawsuit. But it's an important decision, and you should have all the facts before you make that decision.
You or your family member might not be able to work in the future, or you might have care that's so significant that the accident benefits coverage isn't sufficient to meet your needs. In those cases it's important to access the coverage that is available and that will be through a lawsuit against the person at fault for the accident.
It's important to know that this is not a windfall or like a lottery win. This is designed to meet the needs that you have because of injuries sustained in an accident.
This is what insurance is for. In Ontario we're required to have insurance and it's important to consider whether you need to access that.
When you speak to a personal injury lawyer and you're looking for advice about whether to proceed with a lawsuit, it's important that you express the concerns that you have.
It's important that the lawyer understands your values, and you should look for somebody who can understand those values and guide you accordingly.
disclaimer
This article shares general information and insights. It is not legal advice, and reading it does not create a solicitor–client relationship.
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